Daniel Owino Aol v Secretary, Kisumu County Public Service Board & 2 others [2017] KEHC 3582 (KLR)
- Court
- High Court of Kenya
- Case number
- 3582
- Citation
- [2017] KEHC 3582 (KLR)
- Decided
- 18 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Constitutional ViolationPostureRespondents' Motion to Dismiss PetitionCoramD.S. MAJAN
Holding
The petition is properly before the court and the respondents' actions are not outside the prescription of the law.
Facts
The petitioner, Daniel Owino Aol, is a resident of Kisumu County. He alleges that the County Public Service Board (1st respondent) and the County Government of Kisumu (2nd respondent) are violating the Constitution by attempting to recruit members of the Kisumu City Board four months before the general election.
Issues
- violation of constitutional provisions
- violation of separation of powers
Reasoning
The court found the petition to be properly before the court and that the respondents' actions are not outside the prescription of the law. The court dismissed the respondents' motion to dismiss the petition.
Outcome
The petition is allowed.
Authorities cited
Legislation (2)
- County Governments Act
- Urban Areas and Cities Act
Cases cited (5)
- Anarita Karimi Njeru v Republic (No.1) [1978] KLR 154
- Mumo Matemu v Trusted Society for Human Rights alliance & 5 Others NRB CA Civil Appeal 290 of 2012 [2013]eKLR
- Peter Michobo Muiru v Barclays Bank of Kenya Ltd & Another NRB Petition 254 of 2015 [2016] eKLR
- County Assembly of Kisumu & 2 others v Kisumu County Assembly Service Board & 6 others Civil Appeal Nos. 17 & 18 of 2015 (Consolidated) [2015] eKLR
- Doctors for Life International v Speaker of the National Assembly and Others (CCT12/05) [2006] ZACC 11
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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